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Occupational Health and Safety Act 85 of 1993 - Regulations and Notices - Government Notice R41

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(29 January 2010 – to date)

OCCUPATIONAL HEALTH AND SAFETY ACT 85 OF 1993

(Gazette No. 14918, Notice No. 1158, dated 2 July 1993. Commencement date: 1 January 1994, except section 1(3)(b): to be proclaimed)


DIVING REGULATIONS 2009

Published under Government Notice R41 in Government Gazette 32907, dated 29 January 2010. Commencement date: 29 January 2010.


The Minister of Labour has under section 43 of the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), and after consultation with the Advisory Council for Occupational Health and Safety, made the regulations in the Schedule

TABLE OF CONTENTS

  1. Definitions
  2. Scope of application
  3. Client
  4. Diving contractor
  5. Diving project plan
  6. Instructors
  7. Life-support technicians
  8. Systems' technicians
  9. Diving supervisors
  10. Divers
  11. ROV supervisors
  12. ROV pilots
  13. Airlock operators for compressed air work
  14. Hyperbaric operations supervisors for compressed air work
  15. Chamber operators and operation of chambers
  16. Compressed air workers
  17. Approved qualifications
  18. Diving schools
  19. Designated Medical Practitioners
  20. Medical examinations and medical fitness
  21. Operations manual
  22. Control of diving operations
  23. Diving Advisory Board
  24. Training standards, assessments and Codes of Practice
  25. Application for registration
  26. Records
  27. Withdrawal of certificate of registration
  28. Fees payable
  29. Notification of diving operations
  30. Offences and penalties
  31. Repeal
  32. Short title


Annexures
A. Minimum details for personnel logbooks (Parts 1 to 10)
B. Minimum details of the diving operations record (Parts 1 to 8)
C. Minimum manning levels (Parts 1 to 3)
D. Notification of diving work

SCHEDULE

  1. Definitions

In these Regulations, any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned and, unless the context otherwise indicates-

“air" means normal compressed air suitable for breathing while diving;

“airlock operator" means a person registered as an airlock operator for compressed air work contemplated in regulation 13, who enables compressed air workers to enter and exit a pressurised working area on the other side of the personnel lock (such as a caisson, tunnel or shaft), but does not include operators of chambers during diving operations involving class I, II, III, IV, V and VI divers;

“assistant life-support technician" means a person registered as an assistant life-support technician contemplated in regulation 7(1), who assists a life support technician with his duties of life support and treatment in chambers and has been trained in all aspects of saturation life support;

“benign conditions" means a tank or pool artificially constructed for the purpose of swimming or diving or for use as an aquarium, where-

(a) the diver is in full view from the surface or viewing windows at all times;

(b) there are no hazards from entanglement or entrapment; and

(c) the water depth does not exceed 8m;

“caisson" means a structure extending below ground or water level into which workers may enter through a lock into a pressurised atmosphere, and includes a pressurised tunnel, shaft or similar structure;

“chamber" means a pressure vessel for human occupation having internal dimensions sufficient to accommodate at least one diver lying in a horizontal position as well as one other person, and which allows the ingress and egress of personnel while the occupants are under pressure;

“chamber operator" means a person registered as a chamber operator contemplated in regulation 15(1), who is qualified to operate an air- diving chamber under the auspices of a qualified diving supervisor;

“class I diver" means a registered saturation diver contemplated in regulation 10(1), who is, trained in all aspects of saturation and bell diving;

“class II mixed gas diver" means a registered diver contemplated in regulation 10(1), who is trained in all aspects of mixed gas diving using surface supplied diving equipment to a maximum depth of 75 metres, with an open bell or diving stage, excluding saturation diving;

“class II air diver" means a registered diver contemplated in regulation 10(1), who is, trained in all aspects of air diving using surface supplied diving equipment with an open bell or diving stage, to a maximum depth of 50 metres;

“class III nitrox diver" means a registered diver contemplated in regulation 10(1), who is trained in all aspects of nitrox diving using surface supplied diving equipment, to a maximum depth of 30 metres;

“class III air diver" means a registered diver contemplated in regulation 10(1), who is trained in all aspects of air diving using surface supplied diving equipment, to a maximum depth of 30 metres;

“Class IV nitrox diver" means a registered diver contemplated in regulation 10(1), who is trained in all aspects of nitrox diving using SCUBA, to a maximum depth of 30 metres;

“class IV air diver" means a registered diver contemplated in regulation 10(1), who is trained in all aspects of air diving using SCUBA, to a maximum depth of 30 metres;

“class V diver" means a registered scientific diver contemplated in regulation 10(1), who is trained in air SCUBA diving to a depth not exceeding 20 metres and diving under the code of practice for scientific diving;

“class VI diver" means a registered diver contemplated in regulation 10(1), who is trained in air SCUBA diving to a depth not exceeding 8 metres and diving under the code of practice for diving in benign conditions;

“client" means a person for whom diving work is performed

“code of practice" means a code of practice made under regulation 24(b);

“competence" in relation to diving work, means having the knowledge, training and experience specific to the work or task being performed: Provided that where appropriate qualifications and training are registered in terms of the provisions of the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995), these qualifications and training shall be deemed to be the required qualifications and training; declared competent by an accredited assessor or institution

“compressed air work" means working in a caisson, where the structure is pressurised to render the working area dry or stable, and includes such structures that are compressed with air or other mixtures of gases;

“compressed air worker" means a person registered as a compressed air worker contemplated in regulation 16(1), who is trained in compressed air work;

“designated medical practitioner" means a medical practitioner designated in accordance with regulation 19;

“dive" means-

(a) entering water or any other liquid, or a pressurised environment in which a person is subjected to pressure greater than 100 millibars above atmospheric pressure, where in order to survive in such an environment a person breathes air or other gas at pressure greater than atmospheric pressure, and "a dive" and "to dive" shall have a corresponding meaning; or

(b) operation of a ROV;

“diver's logbook" means a logbook in a form set out in Annexure A of these Regulations;

“diving advisory board" means the advisory board established under regulation 23;

“diving apparatus" means any type of diving equipment that can enable a person to breathe while diving;

“diving contractor" means-

(a) a person who is the contractor of a diver engaged in a diving project,

(b) a ROV contractor who employs ROV pilots; or

(c) a compressed air work contractor who employs compressed air workers; and includes a self-employed person who is not working as a subcontractor;

“diving operation" which includes ROV dives, means the activities in which at least one person takes part or will take part as a diver and extends from the time when that person, or the first such person, commences to prepare to dive until that person, or the last such person, has left the water, chamber or other environment in which the dive, or any part of the dive, took place and has completed any decompression procedures, including any therapeutic recompression and time spent breathing oxygen or other gas mixture at the surface for the purposes of precautionary accelerated inert gas washout, and includes the safety decompression sickness monitoring period after the dive;

“diving operations record" means the record containing the required particulars for each diving operation set out in Annexure B to these Regulations;

“diving project" means any activity, made up of one or more diving operations, including the preparation for, participation in and activities following a diving operation that are directly linked to a diving operation;

“diving project plan" means a plan contemplated in regulation 5;

“diving supervisor" means a registered diving supervisor contemplated in regulation 9(1), who is trained as a diving supervisor;

“diving system" means all equipment in support of a diving operation, including chambers, bells, handling systems and diving apparatus;

“hyperbaric operation supervisor" means a registered hyperbaric operations supervisor contemplated in regulation 14(1), who supervises compressed air work;

“instructor" means a registered instructor contemplated in regulation 6(1);

“life-support supervisor" means a life support technician contemplated in regulation 7(2);

“life support technician" means a registered life-support technician contemplated in regulation 7(1), who is trained in all aspects of saturation life support;

“nitrox" means a mixture of oxygen and nitrogen, where the percentage of oxygen in the mixture is greater than that of normal air and does not exceed a maximum partial pressure of 1.6 atmospheres absolute of oxygen at any given time, but does not include therapeutic gas mixtures;

“operations manual" means a manual contemplated in regulation 21;

“ROV" means a submersible remotely operated vehicle;

“ROV operations record" means a record containing the required particulars for each diving operation set out in Annexure B;

“ROV pilot" means a registered ROV pilot contemplated in regulation 12(1), who is trained as an ROV pilot;

“ROV supervisor" means a registered ROV supervisor contemplated in regulation 11(1);

“SAUHMA" means the Southern African Undersea and Hyperbaric Medical Association;

“SCUBA" means self-contained underwater breathing apparatus, in which the supply of breathing mixture carried by the diver is independent of any other source;

“systems' technician" means a technician appointed in accordance with regulation 8(3);

“trainee diving supervisor" means a registered trainee diving supervisor contemplated in regulation 9(1), who has successfully completed the theoretical training for diving supervision and is working under the auspice of the qualified diving supervisor;

“training standard" means a training standard made under regulation 24(a).

  1. Scope of application

(1) Subject to subregulation (2), these Regulations apply to all diving operations and all persons engaged in diving operations in the Republic of South Africa or the territorial waters thereof; Provided that all diving operations performed by the South African National Defence Force in accordance with the South African Naval Operations Publication number 96 and all persons involved in those operations, must be regarded as having complied with these Regulations.

(2) These Regulations shall not apply to persons who-

(a) use no diving apparatus;

(b) are recreational dive masters or diving instructors;

(c) are engaged in diving projects where they are not considered employees at work;

(d) are medical personnel who have to take part in compression chamber dives in case of an emergency; or

(e) are involved in the care or treatment of patients in a hyperbaric facility in a hospital or other place not under the control of a diving contractor, compressed air work contractor or ROV contractor: Provided that such facility is accredited by SAUHMA for the treatment of those patients.

  1. Client

(1) A client shall be responsible for the following in order to ensure compliance with the provisions of the Act-

(a) to prepare a documented health and safety specification for the diving work, and provide any diving contractor who is making a bid or appointed to perform diving work for the client with the same;

(b) to promptly provide the diving contractor and his or her agent with any information which might affect the health and safety of any person at work carrying out diving work;

(c) to appoint each diving contractor in writing for the project or part thereof on a diving site;

(d) to take reasonable steps to ensure that each diving contractor's health and safety plan is implemented and maintained on the diving site: Provided that the steps taken, shall include periodic audits at intervals mutually agreed upon between the client and diving contractor, but at least once every month;

(e) to stop any contractor from executing diving work which is not in accordance with the diving contractor's health and safety plan for the site or which poses to be a threat to the health and safety of persons;

(f) to ensure that where changes are brought about, sufficient health and safety information and appropriate resources are made available to the diving contractor to execute the work safely;

(g) to ensure that every diving contractor is registered and in good standing with the compensation fund or with a licensed compensation insurer prior to work commencing on site; and

(h) to ensure that potential diving contractors submitting tenders, have made provision for the cost of health and safety measures during the diving project.

(2) A client shall discuss and negotiate with the diving contractor the contents of the health and safety plan and thereafter finally approve the health and safety plan for implementation.

(3) A client shall ensure that a copy of the diving contractor's health and safety plan is available on request to an employee, inspector or contractor.

(4) No client shall appoint a diving contractor to perform diving work, unless the client is reasonably satisfied that the diving contractor that he or she intends to appoint has the necessary competencies and resources to carry out the work safely.

(5) A client may appoint an agent in writing to act as his or her representative and where such an appointment is made, the responsibilities as are imposed by these regulations upon a client, shall as far as reasonably practicable apply to the person so appointed.

(6) No client shall appoint any person as his agent, unless the client is reasonably satisfied that the person he or she intends to appoint has the necessary competencies and resources to perform the duties imposed on a client by these regulations.

  1. Diving contractor

(1) No person at work may dive in a diving project and no contractor may employ any person in such a diving project unless the client has appointed a single diving contractor for that diving project.

(2) If no diving contractor is appointed as contemplated in subregulation (1), the client must perform the functions of a diving contractor in accordance with these Regulations

(3) The duties of a diving contractor are to ensure that as far as it is reasonably practicable-

(a) the diving project is planned, managed and conducted in a manner which protects the health and safety of all persons taking part in that diving project;

(b) before the commencement of the diving project, a diving project plan is prepared in respect of that project in accordance with regulation 5, and that the plan is thereafter updated as necessary during the continuance of the project;

(c) before the commencement of any diving operation-

(i) subject to regulations 7, 9, 11 and 14 a person is appointed in writing to supervise that operation; and

(ii) the person contemplated in subparagraph (i) is supplied with a copy of the diving project plan;

(d) the required number of competent people are appointed to carry out, safely and without risk to health, the diving project and any action, including the application of first-aid, which may be necessary in the event of a reasonably foreseeable emergency connected with the diving project;

(e) equipment is available to carry out both the diving project and any action without risk to health and safety, including the application of first-aid, which may be necessary in the event of a reasonably foreseeable emergency connected with the diving project;

(f) the equipment contemplated in subparagraph (e) is maintained in a safe working condition;

(g) that any person taking part in the diving project complies with the requirements and prohibitions imposed on him or her by or under the relevant statutory provisions and observes the provisions of the diving project plan; and

(h) a diving operations record containing the minimum required particulars contemplated in Annexure B is completed within 24 hours of completion of a diving operation and kept for each diving operation for a minimum of two years

(4) The appointment of a diving contractor does not relieve the client of any duty imposed on him or her by the Act.

(5) The appointment of any subcontractors does not relieve the diving contractor of any duty imposed on him or her by the Act.

  1. Diving project plan

(1) A diving project plan must be based on an assessment of the risks to the health and safety of any person taking part in the diving project and must consist of a record of the outcome of the planning carried out in accordance with the Regulations, including all the information, instructions and procedures that are necessary to give advice to and to regulate the behaviour of those so taking part to ensure, as far as is reasonably practicable, their health and safety.

(2) A diving project plan must identify and incorporate-

(a) the relevant approved codes of practice which apply to the diving project;

(b) any relevant legislative document that may be applicable in the specific diving project; and

(c) any guidance note that may be applicable in the specific diving project.

  1. Instructors

(1) No person may be registered as a diving instructor under class I, II, III or IV or as an instructor for compressed air work or as a ROV instructor, unless that person complies with the requirements of the relevant training standards made under regulation 24(a).

(2) An instructor must ensure that all training provided is in accordance with these Regulations and the relevant training standards made under regulation 24(a).

(3) No instructor may provide training unless he or she is appointed in writing and authorised by a diving school registered as contemplated in regulation 17(1): Provided that training for first aid may be provided by an institution registered to provide first aid

  1. Life-support technicians

(1) No person may be registered as an assistant life-support technician or a life-support technician, unless that person complies with the requirements of the relevant training standards made under regulation 24(a).

(2) A diving contractor must appoint a life-support technician with appropriate levels of experience and competency for a particular diving operation as a life-support supervisor.

(3) No life-support technician may be appointed as the life-support supervisor for a diving operation unless that technician is registered in accordance with subregulation (1).

(4) An appointment as a life support supervisor must be in writing.

(5) A life-support technician must in respect of a diving operation in which he or she is involved-

(a) perform the relevant duties and functions under the supervision of the life-support supervisor and follow instructions given to him or her by the life-support supervisor; and

(b) ensure that a record is maintained in his or her logbook in accordance with Annexure A.

(6) A life-support supervisor must in respect of a diving operation for which he or she has been appointed-

(a) ensure that it is carried out as far as it is reasonably practicable-

(i) without risk to the health and safety of all of those taking part in that operation and of any other person who may be affected thereby;

(ii) in accordance with the requirements and prohibitions imposed on him or her by or under any relevant statutory provision; and

(iii) in accordance with the diving project plan;

(b) ensure before the commencement of the operation that each person taking part is aware of the contents of the diving project plan which relate to that operation;

(c) ensure that the particulars, required by Annexure B, are entered in the diving operations record and the saturation chamber record in the course of the diving operation; and

(d) ensure that a record is maintained in his or her logbook in accordance with Annexure A.

(7) A life-support supervisor may, while supervising a diving operation in respect of which he or she has been appointed, give reasonable directions to any person taking part in that operation or who may affect the safety of that operation that are necessary to enable that person to comply with these Regulations.

(8) A life-support technician must report for a medical examination to a designated medical practitioner at least once every 12 months

  1. Systems' technicians

(1) A diving contractor must ensure that a competent person is appointed as a systems' technician to perform mechanical and electrical maintenance and repairs on a diving system.

(2) An appointment as a systems' technician must be in writing.

(3) A systems' technician must-

(a) carry out routine maintenance and checks to identify faults or problems with the diving system and implement corrective measures;

(b) carry out any in-service maintenance as required;

(c) maintain an accurate record of all work done on the diving system; and

(d) maintain a record of his or her work in a systems' technician logbook in accordance with Annexure A.

(4) A systems' technician may not perform any work on a diving system in the course of a diving operation without the approval of the diving supervisor.

(5) A systems' technician must report for a medical examination to a designated medical practitioner at least once every 12 months.

  1. Diving supervisors

(1) No person may be registered as a trainee supervisor or a supervisor under class I, II, III or IV, unless that person complies with the requirements of the relevant training standards made under regulation 24(a).

(2) The diving supervisor for a particular diving operation must be appointed in writing by the diving contractor.

(3) No person may be appointed as the supervisor for a diving operation, unless that person is registered in accordance with subregulation (1).

(4) A supervisor must in respect of a diving operation for which he or she has been appointed-

(a) ensure that it is carried out as far as it is reasonably practicable-

(i) without risk to the health and safety of all those taking part in that operation and of any other person who may be affected thereby;

(ii) in accordance with the requirements and prohibitions imposed on him or her by or under any relevant statutory provision; and

(iii) in accordance with the diving project plan;

(b) ensure before the commencement of the operation that each person taking part is aware of the contents of the diving project plan which relate to that operation;

(c) enter the particulars, required by Annexure B in the diving operations record;

(d) maintain a daily record in his or her logbook in accordance with Annexure A;

(e) ensure that the particulars of any recompression therapy are recorded in the logbook of the diver in accordance with Annexure A; and

(f) at all times be available to deal with emergencies at the site where diving operations are carried out.

(5) A supervisor may not-

(a) dive while supervising other divers; or

(b) act as a standby diver.

(6) A trainee supervisor may supervise dives only while under the direct supervision of a diving supervisor.

(7) A supervisor may, while supervising a diving operation in respect of which he or she has been appointed, give reasonable directions to any person taking part in that operation or who may affect the safety of that operation that are necessary to enable that person to comply with these Regulations.

(8) A diving supervisor must report for a medical examination to a designated medical practitioner at least once every 12 months.

  1. Divers

(1) No person may be registered as a diver under class I, II, III, IV, V or VI, unless that person complies with the requirements of the relevant training standards made under regulation 24(a).

(2) A diver engaged in a diving project must-

(a) maintain a daily record of his or her diving in his or her diver's logbook in accordance with Annexure A;

(b) inform the diving supervisor if he or she is not competent to carry out the diving tasks required as part in the diving operation in a safe manner;

(c) if he or she knows of anything, including any illness or other condition, which makes him or her unfit to dive, inform the diving supervisor of his or her unfitness;

(d) comply with any direction given to him or her by the supervisor appointed for that diving operation; and

(e) comply with any instruction applicable to him or her in the diving project plan.

(3) A diver must report for a medical examination to a designated medical practitioner at least once every 12 months.

  1. ROV supervisors

(1) No person may be registered as a ROV supervisor, unless that person complies with the requirements of the relevant training standards made under regulation 24(a).

(2) The ROV supervisor for a particular diving operation must be appointed in writing by the diving contractor.

(3) No person may be appointed as the ROV supervisor for a diving operation, unless that person is registered in accordance with subregulation (1).

(4) A ROV supervisor must in respect of the ROV operation for which he or she has been appointed-

(a) ensure that as far as it is reasonably practicable it is carried out-

(i) without risk to the health and safety of all those taking part in that operation and of any other person who may be affected thereby;

(ii) in accordance with the requirements and prohibitions imposed on him or her by or under any relevant statutory provision; and

(iii) in accordance with the diving project plan;

(b) before the commencement of the operation, ensure that each person taking part is aware of the contents of the diving project plan which relate to that operation;

(c) enter the particulars required by Annexure B in the ROV operations record; and

(d) maintain a daily record in his or her logbook in accordance with Annexure A.

(5) A ROV supervisor may, while supervising a ROV operation in respect of which he or she is appointed, give reasonable directions to any person taking part in that operation or who may affect the safety of that operation that are necessary to enable that person to comply with these Regulations: Provided that in the case of a diving supervisor supervising divers in the vicinity of a ROV operation, the ROV supervisor must follow the instructions given by the diving supervisor.

(6) A ROV supervisor must report for a medical examination to a designated medical practitioner at least once every 12 months

  1. ROV pilots

(1) No person may be registered as a ROV pilot, unless that person complies with the requirements of the relevant training standards made under regulation 24(a),

(2) A ROV pilot engaged in a diving project must-

(a) maintain a daily record in his or her logbook in accordance with Annexure A;

(b) inform the ROV supervisor if he or she is not competent to carry out the tasks required as part in the ROV operation in a safe manner;

(c) comply with any direction given to him or her by the ROV supervisor;

(d) comply with any instruction applicable to him or her in the diving project plan; and

(e) report for a medical examination to a designated medical practitioner at least once every 12 months

  1. Airlock operators for compressed air work

(1) No person may be registered as an airlock operator for compressed air work, unless that person complies with the requirements of the relevant training standards made under regulation 24(a).

(2) The airlock operator for a particular compressed air diving operation must be appointed in writing by the contractor.

(3) No person may be appointed as an airlock operator to operate the transfer of personnel or material unless that person is registered in accordance with subregulation (1).

(4) An airlock operator must in respect of the diving operation for which he or she has been appointed-

(a) ensure that as far as it is reasonably practicable it is carried out without risk to the health and safety of all those taking part in that operation and of any other person who may be affected thereby;

(b) inform the hyperbaric operations supervisor if he or she is not competent to carry out the tasks required as part in the diving operation in a safe manner;

(c) comply with any direction given to him or her by the hyperbaric operations supervisor appointed for that diving operation;

(d) enter the particulars required by Annexure B in the diving operations record; and

(e) maintain a daily record in his or her logbook in accordance with Annexure A.

(5) An airlock operator must report for a medical examination to a designated medical practitioner at least once every 12 months.

  1. Hyperbaric operations supervisors for compressed air work

(1) No person may be registered as a hyperbaric operations supervisor for compressed air work, unless that person complies with the requirements of the relevant training standards made under regulation 24(a).

(2) The hyperbaric operations supervisor for a particular compressed air work operation shall be appointed in writing by the contractor.

(3) No person may be appointed as a hyperbaric operations supervisor for a compressed air work operation, unless that person is registered in accordance with subregulation (1).

(4) A hyperbaric operations supervisor must in respect of the compressed air work operation for which he or she has been appointed-

(a) ensure that as far as it is reasonably practicable it is carried out-

(i) without risk to the health and safety of all those taking part in that operation and of any other person who may be affected thereby;

(ii) in accordance with the requirements and prohibitions imposed on him or her by or under any relevant statutory provision; and

(iii) in accordance with the diving project plan;

(b) before the commencement of the operation, ensure that each person taking part is aware of the contents of the diving project plan which relate to that operation;

(c) ensure that the particulars required by Annexure B are recorded in the hyperbaric work operations record; and

(d) ensure that the particulars of any therapeutic treatment provided in accordance with regulation 15 are entered into the logbook of the compressed air worker in accordance with Annexure A.

(5) A hyperbaric operations supervisor may, while supervising a diving operation in respect of which he or she is appointed, give reasonable directions to any person taking part in that operation or who may affect the safety of that operation that are necessary to enable that person to comply with these Regulations.

(6) A hyperbaric operations supervisor must report for a medical examination to a designated medical practitioner at least once every 12 months.

  1. Chamber operators and operation of chambers

(1) No person may be registered as a chamber operator for diving operations and compressed air work operations, unless that person complies with the requirements of the relevant training standards made under regulation 24(a).

(2) No person may operate a diving chamber-

(a) in the case of the chamber being compressed with gas other than air, unless that person is registered as a life-support technician; or

(b) in the case of the chamber being compressed with air, unless-

(i) that person is registered as a class I diver or a class II diver and operate the chamber under the supervision of a class I diving supervisor or a class II diving supervisor; or

(ii) that person is registered as a chamber operator in accordance with subregulation (1) and operates the chamber under the supervision of-

(aa) a class I diving supervisor;

(bb) a class II diving supervisor;

(cc) a class III diving supervisor registered as a chamber operator;

(dd) a class IV diving supervisor registered as a chamber operator; or

(ee) a hyperbaric operations supervisor registered as a chamber operator.

(3) Before a chamber dive, a chamber operator must ensure that -

(a) all the pre-dive chamber checks have been completed in accordance with the chamber checklists: and

(b) the chamber dive will take place as far as it is reasonably practicable without risks to the health and safety of persons that will enter that chamber.

(4) During a chamber dive a chamber operator must -

(a) comply with any direction given to him or her by the supervisor for that operation; and

(b) comply with any direction applicable to him or her in accordance with the diving project plan.

(5) A chamber operator must-

(a) maintain a record of the chamber dives in the chamber log in accordance with Annexure B; and

(b) maintain a daily record in his or her logbook in accordance with Annexure A.

(6) A chamber operator must report for a medical examination to a designated medical practitioner at least once every 12 months.

  1. Compressed air workers

(1) No person may be registered as a compressed air worker, unless that person complies with the relevant requirements of the training standards made under regulation 24(a).

(2) The hyperbaric operations supervisor must for each dive appoint a compressed air worker as the team leader for that dive.

(3) A compressed air worker engaged in a diving project must-

(a) maintain a daily record of his or her diving in his or her compressed air worker's logbook in accordance with Annexure A;

(b) inform the lock operator if he or she is not competent to carry out the compressed air work tasks required as part in the diving operation in a safe manner;

(c) if he or she knows of anything, including any illness or other condition, which renders him or her unfit to dive, inform the lock operator of his or her unfitness;

(d) comply with any direction given by the airlock operator;

(e) comply with any instruction applicable to him or her in the diving project plan.

(4) A compressed air worker must report for a medical examination to a designated medical practitioner at least once every 12 months.

  1. Approved qualifications

The chief inspector may approve in writing the qualifications that he or she considers suitable to ensure that divers, diving supervisors, life-support technicians, systems' technicians, instructors, ROV pilots, ROV supervisors, chamber operators, compressed air workers, airlock operators and hyperbaric operations supervisors are adequately trained for the purposes of these Regulations.

  1. Diving schools

(1) Any person who has at his or her disposal the staff, plant, equipment and other ancillary facilities that enables him or her to offer the curriculum of instruction and training framed by the code of practice for training and the training standards may apply in writing to the chief inspector for registration of a diving school.

(2) No facility may be registered as a diving school, unless it complies with the requirements of the relevant standards made under regulation 24(a).

  1. Designated Medical Practitioners

(1) The chief inspector may designate level 1 medical practitioners, level 2 (air) medical practitioners and level 2 (mixed gas) medical practitioners.

(2) No person may be designated as contemplated in subregulation (1) unless he or she is a medical practitioner registered with the Health Professions Council of South Africa and has completed a course in underwater medicine approved by the chief inspector.

(3) A designation contemplated in subregulation (1) lapse after a period of four years, unless the designated medical practitioner concerned furnishes proof before the expiry of each such period that he or she has undertaken refresher training approved by the chief inspector.

(4) A level 1 designated medical practitioner must -

(a) carry out a medical examination, including any test required by the chief inspector: Provided that when an examination of a specialised nature is required, the designated medical practitioner needs not personally perform such examination, but remains responsible for the decision based on the result of such specialised examination;

(b) issue a medical certificate of fitness based on the results of a medical examination of a person or endorse such certificate subsequent to each medical re-examination; and

(c) forward the diving fitness registry information required in regulation 20(10) to SAUHMA.

(5) A level 2 designated medical practitioner must, if so requested, in addition to the functions of a level 1 designated medical practitioner, render medical assistance as part of a diving project, including operational medical advice and recompression treatment assistance for-

(a) operations involving classes VI, V, IV, III and II divers, but not class II (mixed gas) or class I divers, if registered as a level 2 (air) designated medical practitioner;

(b) all classes of diving, including classes II (mixed gas) divers and class I divers, if registered as a level 2 (mixed gas) designated medical practitioner;

(c) compressed air work not using mixed gas if registered as a level 2 (air) designated medical practitioner and an occupational medicine practitioner ; or

(d) compressed air work using air or mixed gas if registered as a level 2 (mixed gas) designated medical practitioner and an occupational medicine practitioner.

  1. Medical examinations and medical fitness

(1) Where a medical examination is required by these Regulations the relevant diving contractor is responsible for the arrangements and costs connected with such examination: Provided that such contractor shall not be responsible in respect of examinations regarding indisposition or injuries not sustained during the execution of the person's normal duties.

(2) A medical certificate of fitness must indicate-

(a) the full name of the person to whom it relates;

(b) the passport and or identity number, as the case may be, of the person to whom it relates;

(c) the date of the medical examination;

(d) whether the person is considered fit for the inherent requirements of the job;

(e) any limitation or restriction pertaining to the fitness of the person;

(f) the period, not exceeding 12 months, for which the person is considered fit;

(g) by way of a clear stamp of the designated medical practitioner issuing the certificate-

(i) the initials and surname of the designated medical practitioner;

(ii) the address and contact numbers of the designated medical practitioner;

(iii) the Health Professions Council of South Africa registration number of the designated medical practitioner; and

(iv) the designation number issued by the chief inspector to the designated medical practitioner in terms of regulation 19(1);

(h) the date on which the designation of the medical practitioner lapse in terms of regulation 19(3); and

(i) the signature of the medical practitioner issuing the certificate.

(3) A certificate of fitness must be recorded in the logbook of the person to whom it relates, in accordance with Annexure A.

(4) If a medical certificate of fitness is lost or destroyed and the original designated medical practitioner who issued the certificate can not issue a copy of the original, the person concerned must resubmit him or herself for a medical examination.

(5) If a person is found to be unfit for work, or fit with a restriction, he or she may apply for a review, in writing, to the chief inspector.

(6) A review under subregulation (5) must-

(a) be lodged with the chief inspector within 30 days of the relevant decision or finding; and

(b) state the grounds of the request for review.

(7) When the chief inspector receives a review request under subregulation (5), the chief inspector must choose another designated medical practitioner and arrange for that person to be re-examined by that designated medical practitioner, at the cost of the chief inspector.

(8) A designated medical practitioner contemplated in subregulation (7) must report to the chief inspector, who must then consider the review request and-

(a) confirm, set aside or vary the decision or finding of the designated medical practitioner; or

(b) substitute any other decision or finding for that decision or finding.

(9) Nothing in this regulation precludes a person from-

(a) obtaining and paying for a medical opinion from any other medical practitioner; or

(b) pursuing any other legal remedy.

(10) SAUHMA must keep a registry of diving fitness for the chief inspector and the registry shall contain the following minimum information:

(a) The date of the examination;

(b) the period of validity of the examination;

(c) the name of the person;

(d) the passport or identity number, as the case may be, of the person;

(e) whether the person is considered fit or not;

(f) any restriction that may apply; and

(g) the name, address, telephone number and designation number of the designated medical practitioner who performed the medical examination.

  1. Operations manual

(1) A diving contractor must ensure that an operations manual is compiled and made available to each diving team at the diving location before the commencement of each diving operation.

(2) An operations manual must contain directions regarding the health and safety of employees in accordance with these Regulations and the relevant approved codes of practice

  1. Control of diving operations

(1) A diving contractor must ensure that-

(a) all diving operations are controlled in accordance with the Act, including all applicable regulations and the relevant Codes of Practice;

(b) a hazard identification and risk assessment is conducted to identify the risks to the health and safety of any person taking part in the diving operation; and

(c) the risks contemplated in paragraph (b) are appropriately mitigated.

(d) a plan is implemented to monitor risks and how they are addressed

(e) a plan is implemented to review the hazards, risks and plan to mitigate and monitor the risks

(2) The diving contractor shall ensure that a diving operation conform to the minimum manning levels in accordance with Annexure C.

(3) No person may dive to a depth greater than that for which he or she is qualified: Provided that a class III diver may dive to a maximum depth not exceeding 50 metres if the total decompression time does not exceed 20 minutes.

(4) All divers, diving supervisors, instructors, life support technicians, compressed air workers, hyperbaric operations supervisors, airlock operators and chamber operators must hold a valid, in-date first aid certificate, taught in accordance with the training standards made under regulation 24(a).

  1. Diving Advisory Board

(1) The chief inspector must establish a Diving Advisory Board consisting of-

(a) an officer of the Department of Labour, who is the chairperson;

(b) one inspector;

(c) one person representing the Department of Minerals and Energy;

(d) one level 2 designated medical practitioner, who is a member of SAUHMA;

(e) one instructor;

(f) one diving contractor; and

(g) one supervisor, holding the minimum of a Class II supervisor's qualification.

(2) The chief inspector may authorise the Diving Advisory Board to co-opt persons who have specialised knowledge of the matters dealt with by the Diving Advisory Board.

(3) The chief inspector must appoint the members of the Diving Advisory Board for a period that he or she may determine at the time of appointment.

(4) The chief inspector may discharge a member of the Diving Advisory Board before the termination of his or her period of appointment after that member has been afforded a reasonable opportunity to respond to the reasons for the intended discharge.

(5) The Diving Advisory Board must-

(a) make recommendations and submit reports to the chief inspector regarding any matter to which these Regulations relate;

(b) advise the chief inspector regarding any matter referred to the Diving Advisory Board by the chief inspector;

(c) perform other functions that may be requested by the chief inspector;

(d) refer appeals against decisions of the Diving Advisory Board to the chief inspector; and

(e) conduct its work in accordance with the instructions and rules of conduct made by the chief inspector.

  1. Training standards, assessments and Codes of Practice

The chief inspector must, in consultation with the Diving Advisory Board-

(a) make or amend the standards for the conduct of assessments and training as the occasion may require; and

(b) make or amend approved codes of practice relevant to diving and compressed air work to regulate diving operations.

  1. Application for registration

An application for registration as a diver, diving supervisor, life-support technician, systems' technician, instructor, ROV pilot, ROV supervisor, chamber operator, compressed air worker, airlock operator or hyperbaric operations supervisor and any application for the reissue of a certificate that has been lost, damaged or destroyed, shall be made in the form and manner approved by the chief inspector.

  1. Records

(1) A registered diving school must keep training records with the minimum details required in accordance with Annexure B for a minimum period of 10 years

(2) A diving contractor must keep the records contemplated in Annexure B for a minimum period of five years

(3) If a registered diving school or diving contractor ceases activities, all its records contemplated in this regulation must be handed over or forwarded by registered post to the relevant provincial office.

  1. Withdrawal of certificate of registration

(1) Subject to subregulation (2), the chief inspector may withdraw a certificate of registration issued in accordance with these Regulations, if the person -

(a) no longer complies with any of the conditions referred to in the Regulations or approved code of practice, or

(b) is convicted of an offence contemplated in regulation 30.

(2) The chief inspector may not withdraw a certificate of registration unless he or she has-

(a) informed the holder of that certificate of registration in writing of the intended withdrawal thereof and of the grounds upon which it is based; and

(b) afforded the holder a reasonable opportunity to state his or her case and, if the holder is a person contemplated in subregulation (1)(a), afforded such holder an opportunity to comply with those conditions within the period specified by the chief inspector.

  1. Fees payable

The fees payable in respect of an application contemplated in regulation 25 shall from time to time be determined by the Minister after consultation with the Minister of Finance by notice in the Gazette.

  1. Notification of diving operations

(1) A diving contractor or diving school who intends to carry out any diving operation must before the commencement of those operations notify the provincial office in writing of the diving operations.

(2) Any client making use of the services of a diving contractor must before the commencement of that work notify the provincial director in writing of the diving work, irrespective of whether the diving contractor has notified the provincial office as contemplated in subregulation (1).

(3) A notification contemplated in subregulations (1) and (2) must contain the minimum information required in Annexure D.

(4) The diving contractor must ensure that a copy of the completed form contemplated in subregulation (3) is kept at the dive site for inspection by an inspector, client, client's agent or employee.

  1. Offences and penalties

Any person who contravenes or fails to comply with any of the provisions of regulation 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 26, 27, or 29 is guilty of an offence and liable upon conviction to a fine or to imprisonment for a period not exceeding 12 months.

  1. Repeal

The Diving Regulations, 2001, promulgated by Government Notice No. R. 10 of 11 January 2002, are hereby repealed.

  1. Short title

These Regulations are called the Diving Regulations, 2009.

Annexures

A. Minimum details for personnel logbooks (Parts 1 to 10)

B. Minimum details of the diving operations record (Parts 1 to 8)

C. Minimum manning levels (Parts 1 to 3)

D. Notification of diving work

(Please note that a copy of the Annexures will be provided upon request. Kindly refer to our website for our contact details.)